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1 1 (August 13, 2019)

handle is hein.crs/govbbvy0001 and id is 1 raw text is: %eroJ\ e The Department of Homeland Security's Reported Metering Policy: Legal Issues Updated August 13, 2019 Update: Following publication of this Sidebar, the federal district court considering the lawsuit challenging the Department ofHomeland Security's (DHS) metering policy largely denied the government's motion to dismiss. The court ruled, among other things, that the extraterritorial plaintiffs who were turned away when approaching the U.S. border could challenge the metering policy on statutory and constitutional grounds. The court determined that these plaintiffs were subject to the procedural protections generally available to asylum seekers under the Immigration and Nationality Act because they were arriving in the United States. The court reasoned that the phrase arriving in the United States (or arrives in the United States') refers to an ongoing process, and rejected the government's contention that the phrase refers only to those who have physically arrived on U.S. soil. The court also determined that the extraterritorial plaintiffs were entitled to constitutional due process protections, even though they were physically outside the United States when turned away, because their lawsuit concerns a policy developed and implemented on U.S. soil. The court also ruled that under the Alien ort .Statute, which authorizes civil actions by aliens for torts committed in violation of the law of nations or a treaty of the United States, the individual plaintiffs could pursue their claim for civil liability alleging that the metering policy violates international non-refoulement principles. (But the court ruled that the organizational plaintiff Al Otro Lado, could not present this claim under the relevant statute.) Given the court's decision, the lawsuit challenging DHS's metering policy may proceed. Below is the text of the Legal Sidebar from April 29, 2019. Generally, a non-U.S. national (alien) who arrives in the United States without valid documentation may pursue asylum and related protections if the alien demonstrates a credible fear of persecution or torture in his or her country of origin. In recent years, the Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) has reportedly been limiting the number of asylum seekers who may be processed each day at designated ports of entry along the U.S. southern border. Aliens reportedly affected by this policy generally have not yet reached the U.S. border and, while at the cusp of physical entry, remain in Mexico. This policy-known as tumback or metering-is intended to address an unprecedented rise in asylum requests. as well as safety and health concerns resulting from overcrowding at ports of entry. However, it also has reportedly led to long wait times and overcrowded conditions on the Mexican side of the border, and some contend the policy may incentivize attempts to illegally cross the border between ports of entry. In addition, there have been claims that CBP, in Congressional Research Service https://crsreports.congress.gov LSB10295 CRS Legal Sidebar Prepared for Members and C om m ittee s ot C onr ess -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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